Lloyd's Law Reports Plus

GN v ZU (AS ADMINISTRATOR IN THE INSOLVENCY OF NIKI LUFTFAHRT GMBH)

Carriage of passengers by air – Air carrier liability in the event of accidents – Concept of “accident” – Spillage of a cup of coffee placed on the tray table of a seat – Bodily injuries caused to the passenger – Convention for the Unification of Certain Rules for International Carriage by Air 1999 (Montreal Convention), article 17(1).

[2020] Lloyd's Rep. Plus 1

MINISTER OF FINANCE AND ANOTHER v INTERNATIONAL PETROLEUM INVESTMENT CO AND ANOTHER

Challenge to arbitration award – Jurisdiction and serious irregularity – Parties agreeing that disputes arising about an award were to be arbitrated – Whether English court should stay proceedings pending second arbitration – Whether anti-arbitration should be granted – Arbitration Act 1996, sections 67 and 68 – Senior Courts Act 1981, section 37.

[2020] Lloyd's Rep. Plus 2

W BOCKSTIEGEL GMBH & CO REEDEREI KG MS “BBC COLORADO” v CHILENA CONSOLIDADA SEGUROS GENERALES SA

Dispute resolution – Anti-suit injunction – Matter arising out of or having some connection with general average guarantee.

[2020] Lloyd's Rep. Plus 3

HARMONY INNOVATION SHIPPING PTE LTD v CARAVEL SHIPPING INC (THE “UNIVERSAL BREMEN”)

Practice – Mandatory injunction – Letter of indemnity – Cargo of coal discharged without bills of lading – Head charterer and sub-charterer providing back-to-back letters of indemnity – Bank arresting vessel in Singapore – Court granting head charterer mandatory injunction requiring sub-charterer to provide security and take all necessary steps to secure release of vessel – Sub-charterer applying to discharge injunction – Whether triable issue that cargo had been delivered - Whether injunction should be discharged.

[2020] Lloyd's Rep. Plus 4

CLASSIC MARITIME INC v LIMBUNGAN MAKMUR SDN BHD AND ANOTHER

Charterparty – Contract of affreightment – Long-term contract for carriage of iron ore pellets from Brazil to Malaysia – Bursting of dam stopping production of iron ore – Owner claiming damages from charterer for failure to make shipments following dam burst – Whether charterer entitled to rely on force majeure clause – Whether owner entitled to substantial damages.

[2020] Lloyd's Rep. Plus 5

RUBICON VANTAGE INTERNATIONAL PTE LTD v KRISENERGY LTD

Guarantee – Parent company of bareboat charterer providing guarantee to owner – Owner making demand on guarantor in respect of works carried out to vessel prior to commencement of charter – Whether “on-demand” or “see-to-it” guarantee – Whether demand valid – Whether guarantor liable.

[2020] Lloyd's Rep. Plus 6

OZMEN ENTERTAINMENT PTY LTD AND ANOTHER v NEPTUNE HOSPITALITY PTY LTD (THE “SEADECK”)

Joint venture – Fiduciary duty – Second applicant and respondent entering into joint venture agreement to operate business offering luxury cruises on Sydney Harbour – First applicant demise-chartering vessel to second applicant and respondent jointly for purpose of joint venture – Whether respondent in breach of joint venture agreement – Whether respondent in breach of fiduciary duty – Whether joint venture agreement validly terminated by second applicant – Whether charterparty validly terminated by first applicant.

[2020] Lloyd's Rep. Plus 8

BOSKALIS OFFSHORE MARINE CONTRACTING BV v ATLANTIC MARINE AND AVIATION LLP (THE “ATLANTIC TONJER”)

Charterparty (Time) – BIMCO Supplytime 2017 Charter Party for Offshore Support Vessels – Interpretation of payments clause 12(e).

[2020] Lloyd's Rep. Plus 9

GA-HYUN CHUNG v SILVER DRY BULK CO LTD

Arbitration – Jurisdiction – Validity of appointment of arbitrator – Whether claimant’s challenge was to “substantive jurisdiction” – Whether effect of Marshall Islands statute was to extend life of company after dissolution to enable arbitration proceedings to be served on it – Arbitration Act 1996, section 67.

[2020] Lloyd's Rep. Plus 10

VTB COMMODITIES TRADING DAC v JSC ANTIPINSKY REFINERY

Arbitration – Jurisdiction – Application to court for preliminary ruling on jurisdiction – Whether arbitration agreement repudiated – Scope of arbitration clause – Arbitration Act 1996, section 32.

[2020] Lloyd's Rep. Plus 11

REPUBLIC OF KOREA v DAYYANI AND OTHERS

Arbitration – Jurisdiction – Bilateral investment treaty – Meaning of “investment" – Vienna Convention on the Law of Treaties 1969 – Arbitration Act 1996, section 67.

[2020] Lloyd's Rep. Plus 12

ENKA INSAAT VE SANAYI AS v OOO “INSURANCE COMPANY CHUBB” AND OTHERS

Arbitration – Anti-suit injunction – Dispute as to scope of arbitration clause – Proceedings brought in Russian courts – Law applicable to arbitration clause – Criteria for grant of anti-suit injunction – Senior Courts Act 1981, section 37.

[2020] Lloyd's Rep. Plus 13

BNA v BNB AND ANOTHER

Arbitration – Law applicable to arbitration agreement – Whether applicable law followed main agreement or seat – Whether seat of arbitration in PRC or Singapore.

[2020] Lloyd's Rep. Plus 14

LI LIAN INTERNATIONAL LTD AND OTHERS v HERPORT HONG KONG LTD AND ANOTHER

Procedure – Joinder of third party – Bill of lading – Exclusive jurisdiction clause – Stay – Setting aside of service – Parallel limitation proceedings.

[2020] Lloyd's Rep. Plus 15

LAMBERT v V J GLOVER LTD AND ANOTHER (THE “REJOICE”)

Admiralty – Personal injury – Vicarious liability.

[2020] Lloyd's Rep. Plus 21

AXA SA v GENWORTH FINANCIAL INTERNATIONAL HOLDINGS AND ANOTHER AXA FRANCE IARD (AS TRANSFEREE OF THE BUSINESS OF FINANCIAL INSURANCE CO LTD) AND OTHERS (NAMED THIRD PARTIES)

Sale and purchase agreement – Payment protection insurance – Sellers covenanting to pay on demand 90 per cent of PPI claims to purchasers – Whether obligation to pay was an indemnity – Whether sellers had subrogation rights – Whether sellers acted reasonably in withholding consent to agreements by buyers.

[2020] Lloyd's Rep. Plus 38

KABAB-JI SAL (LEBANON) v KOUT FOOD GROUP (KUWAIT)

Arbitration – Enforcement of award – Whether arbitration clause applied to contracting party’s parent company – Law applicable to arbitration agreement – Effect of entire agreement clause on arbitration agreement in the main contract – Effect of no oral modification clause – Whether judge should have made a final determination – Arbitration Act 1996, sections 7 and 103(2)(b).

[2020] Lloyd's Rep. Plus 39